Alternative Obligation Essay

GENERAL RULE The remunerate to occupy belongs to the debitor/ obligor Except When the right has been expressly granted to the creditor accountability of resource of debitor non absolute. LIMITATION ON THE DEBTORS weft (1) The debitor cannot hire those prestations which ar (a) impossible , (b) unlawful ,or (c) which could not buzz off been the object of the arrangement. (2) Only hotshot prestation is practicable (3) The debitor cannot tell apart bug out of 1 prestation and part of another prestation. (Art 1199) Communication of notice that option has been do * The debtor must consider and communicate his weft to the creditor.* The preference agreement will be reborn into a bargon(a) obligation * The deduction and form of notice may be made by by word of mouth or in writing, expressly or implied. Effect when exactly hotshot is practicable * The debtor loses his right of choice when only one option prestation is practicable of exerciseance. When debtor may rescind contract * If the debtor could not make a choice delinquent to the creditors act of do prestations impossible, debtor may RESCIND the contract with damages. Rescission creates the obligation to devolve the social occasions which were the object of the contact together with their fruits, and the price with its interest.* If the debtor is being pr publicationed to consider only a particular prestation, and there are other available, he is free to choose from them, after notifying the creditor of his decision The effects of divergence or impossibility of the utility(a) prestation BEFORE the right of choice is exercised. * Once the debtor has communicated his choice of alternate prestation to be performed to the creditor, the obligation becomes uncomplicated * If the chosen alternative is alienated without the shortcoming of the debtor, the obligation will be extinguished.* If the chosen alternative is unconnected due to the rift of the debtor, the obligation w ill be converted into monetary consideration in the form of damages. * Effect if one or some of the alternative prestations in the alternative obligation are disordered BEFORE the debtor has communicated his choice to creditor * The consequence will really wager upon whether the right of choice was addicted to the debtor or to the creditor. A. When the right of choice belongs to the DEBTOR * If the injury is due to FORTUITOUS EVENT a) If all alternative prestation are lost, the alternative obligation extinguished.(Article 1174) b) If two or more(prenominal) alternative prestations remain, the debtor can still exercise his right of choice and choose from any remaining alternative prestation(Article 1200) c) If only one of alternatives remain, there is no more alternative obligation but only a simple obligation. * If spill is due to DEBTORs FAULT a) If all the alternative prestation are lost, the alternative obligation is converted into monetary consideration as redress for dam ages. The basis for the computation of the amount to be paid by the debtor will be the value of the last thing or service lost cocksure damages.b) If two or more of alternative prestation remain, the debtor can still exercise his right of choice and choose from any of the remaining alternatives (ART 1200) c) If only one alternatives remain, there is no more alternative obligation but only simple obligation. B. When the right of choice belongs to the CREDITOR * If the loss is due to a FORTUITOUS EVENT The effect s are the same as where the right of choice belongs to debtor * If the loss is due to DEBTORS FAULT a. If all the alternative prestations are lost, the alternative obligation is converted into monetary consideration as indemnity for damages.The basis for the computation of the amount to be paid by the debtor will be the value of any of object chosen by the creditor (because he is inclined the right of choice) plus damages. b. If two or more prestations remain, the obligatio n is still alternative . The creditor has the option to either b. 1 choose from among the remaining alternatives b. 2 chose the lost object. The debtor will be past liable for the value of lost object chosen by the creditor plus the damages. FACULTATIVE OBLIGATION.* is one where only one prestation has been concord upon but the obligor may generate another in surrogate * The right of choice belongs only to the DEBTOR * Once the exchange is made, the obligation is converted into a simple one to deliver or perform the replenishmentd prestation. * The substitution also becomes good only from the time the debtor communicates to creditor his choice to perform the substituted prestation. Alternative and Faculative arrangements Distinguised The differences are as follows 1) Number of prestations Alternative- several prestation are due but conformation with one is sufficient.Faculative- only one prestation is due although the debtor is allowed to substitute 2) Right of choice Alte rnative- the right of choice may given to creditor or thirdly person Faculative- the right to make substitution is given only to the debtor 3) passing finished a fortuitous event Alternative- the loss of one or more by means of a fortuitous event does not extinguish the obligation Faculative- the loss of the thing due extinguishes the obligation 4) Loss through recess of debtor a) Alternative- the loss of one through the fault of debtor does not render him liable.Faculative- the loss of the thing due through his fault makes him liable b) Alternative- where the choice belongs to the creditor, the loss of one alternative through the fault of the debtor gives rise to liability. Faculative- the loss of the substitute before substitution through the fault of the debtor does not render him liable. Effect on loss of the thing in Facultative Obligation BEFORE renewal * The debtor is not liable if the substitute prestation is lost whether due to his fault or to a fortuitous event. * If the original prestation is lost by celibacy of a fortuitous event, the obligation is extinguished.AFTER replenishment * The debtor is not liable if the original prestation is lost whether due to his fault or to a fortuitous event. * If the substitute is lost, the liability of the debtor depends upon whether or not the loss is due to his fault. FACULTATIVE OBLIGATION * is one where only one prestation has been agreed upon but the obligor may render another in substitution * The right of choice belongs only to the DEBTOR * Once the substitution is made, the obligation is converted into a simple one to deliver or perform the substituted prestation.* The substitution also becomes effective only from the time the debtor communicates to creditor his choice to perform the substituted prestation. Alternative and Faculative Obligations Distinguised The differences are as follows 5) Number of prestations Alternative- several prestation are due but compliance with one is sufficient. Facula tive- only one prestation is due although the debtor is allowed to substitute 6) Right of choice Alternative- the right of choice may given to creditor or third person Faculative- the right to make substitution is given only to the debtor 7) Loss through a fortuitous event.Alternative- the loss of one or more through a fortuitous event does not extinguish the obligation Faculative- the loss of the thing due extinguishes the obligation 8) Loss through fault of debtor c) Alternative- the loss of one through the fault of debtor does not render him liable Faculative- the loss of the thing due through his fault makes him liable d) Alternative- where the choice belongs to the creditor, the loss of one alternative through the fault of the debtor gives rise to liability. Faculative- the loss of the substitute before substitution through the fault of the debtor does not render him liable.Effect on loss of the thing in Facultative Obligation BEFORE SUBSTITUTION * The debtor is not liable if t he substitute prestation is lost whether due to his fault or to a fortuitous event. * If the original prestation is lost by virtue of a fortuitous event, the obligation is extinguished. AFTER SUBSTITUTION * The debtor is not liable if the original prestation is lost whether due to his fault or to a fortuitous event. * If the substitute is lost, the liability of the debtor depends upon whether or not the loss is due to his fault.